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Liquidations: Law and Practice


ISBN13: 9781917134330
Published: December 2027
Publisher: Clarus Press
Country of Publication: Ireland
Format: Hardback
Price: Price on Application





Liquidations: Law and Practice by Graham Kenny offers a practitioner-focused account of Irish liquidations.

This book comprehensively explains the complex rules, court procedures and expanding judgments involved when a company is being wound up. The author traces the development of Irish insolvency law and examines the regime through every stage of the liquidation process. Liquidations: Law and Practice addresses members’ and creditors’ voluntary liquidations, court winding up and provisional liquidation. It further examines the appointment of liquidators, their powers, duties and remuneration together with a detailed analysis of the recovery and realisation of company property during liquidation. Creditor protections and remedies are also considered in detail, including the handling of creditor priorities, secured claims, voidable transactions and improper dispositions.

In addition, the author analyses the accountability of company officers through an extensive consideration of reckless and fraudulent trading, misfeasance, personal liability, restriction and disqualification. Throughout, statutory provisions are read alongside Irish case law, procedural rules, and common issues arising for liquidators, directors and creditors. As an experienced practitioner, the author was involved in many of the seminal cases discussed in these pages which augments the unique quality of the analysis.

Liquidations: Law and Practice captures the very latest developments in liquidations including the recent EU Insolvency Harmonisation Directive and its implications for Irish practice into the future.

Subjects:
Irish Law
Contents:
Chapter 1 Introduction
Chapter 2 Members’ Voluntary Winding Up
Chapter 3 Creditors’ Voluntary Winding Up
Chapter 4 Winding Up by the Court
Chapter 5 Liquidator’s Role and Powers
Chapter 6 Recovery and Realisation of Company Property in Liquidations
Chapter 7 Imposition of Personal Liability for Company Debts and Liabilities
Chapter 8 Restriction and Disqualification
Chapter 9 Distributions and Priorities
Chapter 10 Harmonising Certain Aspects of Insolvency Law